Wali v Minister for Immigration
[2005] FMCA 1912
•19 December 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WALI v MINISTER FOR IMMIGRATION | [2005] FMCA 1912 |
| MIGRATION – Application to set aside a decision of the registrar – where the applicant did not attend. |
| Applicant: | MUNTASIR IBNE WALI |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG 676 of 2005 |
| Judgment of: | Raphael FM |
| Hearing date: | 19 December 2005 |
| Date of Last Submission: | 19 December 2005 |
| Delivered at: | Sydney |
| Delivered on: | 19 December 2005 |
REPRESENTATION
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
Application dismissed.
Applicant to pay the respondent’s costs in the sum of $400.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 676 of 2005
| MUNTASIR IBNE WALI |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
I have before me today an application by Mr Wali, filed on 21 September 2005, to set aside a decision by Registrar McIllhatten, made on 6 April 2005, to dismiss the substantive application pursuant to rule 13.03A(c) of the Federal Magistrates Court rules as there was no appearance by the applicant. In his application affidavit the applicant said that he was not represented by a lawyer and he was not fully aware of the legal consequences of the court hearing and indicated that he couldn't attend because of illness. The application itself sought to set aside a decision of the Migration Review Tribunal declining to undertake a review of a decision of the delegate because the applicant had not paid the required fee.
Today the matter was listed for hearing at 9.30 am. At 9.45 am the applicant had still not appeared and his name was called outside the court. The applicant has now not appeared on three occasions. It is to be hoped that the Department will take note of this fact and make some effort to find the applicant prior to his filing yet another application in this court. I decline to grant the application. The orders previously made by Registrar McIllhatten will stand, and the applicant is ordered to pay the respondent's costs of today, which I assess in the sum of $400.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
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